A/HRC/24/41/Add.1 22. Today, San people constitute a majority in the communal lands within the former Bushmanland area, with Ju/’hoansi San living in the eastern side and !Kung San in the western side. The San living in former Bushmanland are the only San groups that constitute a majority within the communal lands in which they live, and are therefore the only San who have decision-making control over land administration of communal lands. For the purposes of natural resource management and control, and as discussed further below, the Ju/’hoansi have organized themselves into the Nyae Nyae Conservancy, and the !Kung into the N‡a Jaqna Conservancy. Despite continuing to face various issues related to tenure security, it is apparent that groups living within the former Bushmanland homeland are faring better than San groups living elsewhere, at least in terms of access to lands and resources. 23. Other San throughout Namibia live within the communal lands dominated by other ethnic groups, including within the lands of the former Hereroland and former Owamboland, and within the Kavango regions. As numerical minorities in these communal areas, the San are in a weak political position to advance their own interests, a situation that has also contributed to the breakdown of their own autonomous decision-making structures within these areas. These San typically face significant economic and social marginalization, competing for limited lands and resources with majority and dominant groups, and have a high level of dependency on the dominant tribes or Government for basic services and food. 24. Despite providing some measure of security of tenure and the appurtenant authority to administer lands, the communal land system continues to be problematic. For example, the tenure afforded the occupants of communal lands is one of mere usufruct and not full ownership, in contrast to the freehold titles by which private commercial farms typically are held. Additionally, communal lands of San and certain other indigenous groups, including the Himba, are under a continuous threat of encroachment by larger or more powerful groups who move into lands, raising fences to demarcate areas in which to graze their cattle, despite the fact that the erection of fences within communal land areas is prohibited under section 18 of the Communal Land Reform Act. 25. The Rehoboth Baster people have a unique history with respect to their communal land. Both the German and South African administrations recognized certain rights of the Basters to their lands, and a homeland was created for them. However, at the time of independence, Baster communal lands were reportedly expropriated by the Government of Namibia. Since the 1990s, community members have sought, but not yet been granted, validation of their land claims in both domestic and international forums. It was reported to the Special Rapporteur during his visit that the loss of the recognition of the Basters’ communal lands has resulted in a loss of the recognition of their traditional authority and has facilitated the resettlement of other groups into their traditional area. 2. Conservancies 26. A significant benefit afforded to those living within communal lands is the option to form a conservancy. Under the Nature Conservation Amendment Act (Act No. 5 of 1996), “any group of persons residing on communal land” can apply to the Minister of Environment and Tourism to have their land, or a portion thereof, declared a conservancy for game management and economic opportunities.6 There are currently 59 conservancy arrangements in Namibia. As noted earlier, two conservancies are managed by San groups, the Nyae Nyae and the N‡a Jaqna conservancies, which are located in the former Bushmanland area that is now recognized as communal land. 6 8 Sect. 24A, para. 1.